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ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
Salamdin Miyan S/o-Asmahmad Miyan – Appellant
Versus
State of Bihar through the Principal Secretary – Respondent
ORDER :
ASHWANI KUMAR SINGH, J.
In para-1 of the writ petition, the petitioner has sought for the following reliefs:-
ii. A writ in the nature of Certiorari or any appropriate writ/writs, order/orders for quashing the order dated 27.08.2021 and 02.11.2021 passed in Sugauli P.S. Case No. 515 of 2020 by the learned 6th Additional Sessions Judge cum Special Judge, East Champaran, Motihari whereby and where under the learned courts found the victim (Respondent No. 6) minor and sent her to Balika Grih Motihari, ignoring her medical report which suggest her age more than 19 years.
iii. To any other relief/reliefs to which the petitioner is entitled for and the Hon’ble Court deems fit and proper.
2. The case of the petitioner is that on 22.08.2020, his minor daughter X (name changed) aged about 15 years went out of her house to attend the call of nature
The court held that a Magistrate cannot review or recall an order once signed, as it violates established judicial procedures and principles of natural justice.
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
A writ of habeas corpus for production of a person under detention/stay based on a judicial order passed by a competent court is not maintainable.
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
Detention – Child Welfare Committee - Once corpus is minor and the girl had refused to go with her parents, then in such situation arrangement has to be made. Her interest is paramount and before pro....
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
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